Landlord Wants to Exclude Expert Testimony

April 30, 2006

LVT Number: 18814

Tenant sued landlord, claiming that an adhesive product in her apartment was poorly applied. Tenant claimed that she was harmed by the chemicals in the product. Before trial, landlord asked the court to exclude testimony by tenant's expert. Tenant claimed that she suffered from ''Multiple Chemical Sensitivity,'' but landlord claimed that this wasn't a generally accepted medical diagnosis. The court ruled against landlord. Landlord appealed and lost. Landlord can't appeal a ruling on evidence issues in a case until after the trial.

Tenant sued landlord, claiming that an adhesive product in her apartment was poorly applied. Tenant claimed that she was harmed by the chemicals in the product. Before trial, landlord asked the court to exclude testimony by tenant's expert. Tenant claimed that she suffered from ''Multiple Chemical Sensitivity,'' but landlord claimed that this wasn't a generally accepted medical diagnosis. The court ruled against landlord. Landlord appealed and lost. Landlord can't appeal a ruling on evidence issues in a case until after the trial.

Dembitzer v. Broadwall Mgmt.: NYLJ, 4/25/06, p. 26, col. 2 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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